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Interview with Lisa Bloom

Aired June 19, 2003 - 20:07   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ANDERSON COOPER, CNN ANCHOR: Now on to another high profile case right now. This one involving Martha Stewart, a different case. A federal judge ruled her trial will begin in January. Stewart is charged with fraud, conspiracy, and making false statements to federal agents in connection with her sale of ImClone stock. Now last hour we talked about the current state of Martha Stewart's company. This house we want to tackle some of the legal issues raised and there are many.
To talk more about the case I'm joined in the studio by Court TV's Lisa Bloom.

Lisa, thanks for being with us.

LISA BLOOM, COURT TV: Thanks, Anderson.

COOPER: I know you want to talk about "Sex in the City." But we are going to be talking about Martha Stewart instead.

BLOOM: I will try to keep them straight.

COOPER: All right. First of all, the trial has been set.

When is it and why is it so far away?

BLOOM: Interesting, on her website she says she's going to be exonerated of all charges. But unfortunately, it's going to take months. It's going to take months because her attorneys asked for trial date pretty far out, January 12, almost six months away. They're the ones who say they need more time to review the evidence produced in discovery in this case. So they got more time.

COOPER: Now, we also learned that three of her attorneys may be asked to testify. They were being asked this by the prosecution.

BLOOM: That's right. Well, there is a crime fraud exception to the attorney-client privilege, which means attorneys cannot participate in a crime or fraud anymore than anybody else can. And if they do, they can be subpoenaed to talk, including to talk about conversations they have with their clients.

COOPER: So, basically what they're being asked to talk about is -- they publicly came forward and said what she had told them, which was that she was innocent of the charges. But it's because of this strange -- unusual charges, I shouldn't say strange, but unusual charge, because she came forward and spoke in her own defense, she's know being charged with misleading investors.

BLOOM: Well, it's normal for attorneys to say, my client is innocent. I don't think they'd be subpoenaed for that. The question is, did they participate in assisting her in obstructing justice?

That's the charge against her.

Did they give her advice in changing documents?

There's a mysterious blue pen that's different on one of the documents than the other blue pen. That's the smoking gun the prosecution claims they have. If the attorneys helped her in participating in a crime, or in a fraud, they're criminals too and they can be subpoenaed and they have to testify.

COOPER: Any possibility of a deal between now and January 12

BLOOM: I think it is so unlikely.

COOPER: Because of the publicity?

BLOOM: On her website she claims here innocence. She's maintained her innocence all along. And if she was going to make a deal, wouldn't she have done that before charges were filed? Charges have now been filed. She's had a year and a half. She's clearly going to fight to the end.

COOPER: There's no way to tell how long this could go on is there?

BLOOM: The trial?

I think the trail will at least a week. If there really are dozens of documents produced in discovery, a trial, we're talking about a narrower set of documents.

Really all boils down to did she lie, did she alter documents, did she conspire?

I don't think it would take that long to prove at trial.

COOPER: Would the trial go the same time as her broker?

BLOOM: It could but probably not. The same witnesses, we are going to need two sets of proceedings.

COOPER: All right. Lisa Bloom, thanks very much.

BLOOM: Thanks very much.

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